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Pnn«i>rv9tinn R<>«niirci>«i 



MESSAGE" 






FROM THE 



PRESIDENT OF THE UNITED STATES 



TO THE 



TWO HOUSES OF CONGRESS, 



COMMUNICATING 



A CERTIFIED COPY OF THE CONSTITUTION OF KANSAS, 

FRAMED BY THE CONVENTION RECENTLY 

ASSEMBLED AT LECOMPTON. 



WASHINGTON: 
PRINTED AT THE CONGRESSIONAL GLOBE OFFICE , 

1858. 



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MESSAGE 



To the Senate and 

House of Representatives of the United Stales: 

I have received from J. Calhoun, Esq., Presi- 
dent of the late constitutional convention of Kan- 
sas, a copy, duly certified by himself, of the con- 
stitution framed by that body, with the expres- 
sion of a hope that I would submit the same to 
the consideration of Congress, " with the view of 
the admission of Kansas into the Union as an in- 
dependent State." In compliance with this re- 
quest, I herewith transmit to Congress for their 
action, the constitution of Kansas, with the ordi- 
nance respecting the public lands, as well as the 
letter of Mr. Calhoun, dated at Lecompton, on 
the 14th ultimo, by which they were accompa- 
nied. Having received but a single copy of the 
constitution and ordinance, I send this to the 
Senate. 

A great delusion seems to pervade the public 
mind in relation to the condition of parties in 
Kansas. This arises from the difficulty of indu- 
cing the American people to realize the fact that 
any portion of them should be in a state of rebel- 
lion against the Government under which they 
live. When we speak of the affairs of Kansas, 
we are apt to refer merely to the existence of two 
violent political parties in that Territory, divided 
on the question of slavery, just as we speak of 
such parties in the States. This presents no ade- 
quate idea of the true state of the case. The di- 
viding line there is not between two political par- 
ties, both acknowledging the lawful existence of 
the Government, but between those who are loyal 
to this Government and those v/ho have endeav- 
ored to destroy its existence by force and by 
usurpation — between those who sustain and those 
who have done all in their power to overthrow 
the territorial government established by Con- 
gress. This government they would long since 
nave subverted, had it not been protected from 
their assaults by the troops of the United States. 
Such has been the condition of affairs since my 
inauguration. Ever since that period, alargepor- 
tion of the people of Kansas have been in a state 
of rebellion against the government, with a mili- 



tary leader at their head of a most turbulent and 
dangerous character. They have never acknowl- 
edged, but have constantly renounced and defied 
the government to which they owe allegiance, 
and have been all the time in a state of resistance 
against its authority. They have all the time been 
endeavoring to subvert it, and to establish a revo- 
lutionary government under the so-called Topeka 
constitution in its stead. Even at this very mo- 
ment the Topeka Legislature are in session. 
Whoever has read the correspondence of Gov- 
ernor Walker with the State Department, recent- 
ly communicated to the Senate, will be convinced 
that this picture is not overdrawn. He always 
protested against the withdrawal of any portion 
of the military force of the United States from the 
Territory, deeming its presence absolutely neces- 
sary for the preservation of the regular govern- 
ment and the execution of the laws. In his very 
first dispatch to the Secretary of State, dated June 
2, 1857, he says: " The most alarming move- 
ment, however, proceeds from the assembling on 
the 9th June of the so-called Topeka Legislature 
with a view to the enactment of an entire code of 
laws. Of course, it will be my endeavor to pre- 
vent such a result, as it would lead to inevitable 
and disastrous collision, and, in fact, renew the 
civil war in Kansas." This was with difficulty 
prevented by the efforts of Governor Walker; but 
soon thereafter, on the 14th July, we find him re- 
questing General Harney to furnish him a regi- 
ment of dragoons to proceed to the city of Law>- 
rence; and this for the reason that he had received 
authentic intelligence, verified by his own actual 
observation, that a dangerous rebellion had oc- 
curred, "involving an open defiance of the laws, 
and the establishment of an insurgent govern- 
ment in that city." 

In the Governor's dispatch of July 15, he in- 
forms the Secretary of State " that this movement 
at Lawrence was the beginning of a plan,origin- 
atingin thatcity, to organize insurrection through- 
out the Territory, and especially in all towns, 
cities, or counties where the Republican party 
have a majority. Lawrence is the hot-bed of all 



4 



the abolition movements in this Territor}^. It is 
the town established by the abolition societies of 
the East; and, whilst there are respectable people 
there, it is filled by a considerable number of mer- 
cenaries, who are paid by abolition societies to 
perpetuate and dilTuse agitation throughout Kan- 
sas, and prevent a peaceful settlement of this ques- 
tion. Having failed in inducing their own so- 
called Topeka State Legislature to organize this 
insurrection, Lawrence has commenced it herself; 
and if not arrested, the rebellion will extend 
throughout the Territory." And again: " In or- 
der to send this communication immediately by 
mail, I must close by assuring you that the spirit 
of rebellion pervades the great mass of the Re- 
publican party of this Territory, instigated, as I 
entertain no doubt they are, by eastern societies, 
having in view results most disastrous to the Gov- 
ernment and to the Union; and that the continued 
presence of General Harney here is indispensable, 
as originally stipulated by me, with a large body 
of dragoons and several batteries." 

On the 20th July, 1857, General Lane, under 
the authority of the Topeka convention, under- 
took, as Governor Walker informs us, " to or- 
ganize the v/hole so-called free-State party into 
volunteers, and to take tiie names of all who re- 
fuse enrolhnent. The professed object is to pro- 
tect the polls, at the election in August, of the new 
insurgent Topeka State Legislature." " The ob- 
ject of taking the names of all who refuse enroll- 
ment is to terrify the free-State conservatives into 
submission. This is proved by recent atrocities 
committed on such men by Topekaites. The 
speedy location of large bodies of regular troops 
here, with two batteries, is necessary. The Law- 
rence insurgents await the development of this 
jicw revolutionary military organization," &c., 
&c. 

In the Governor's dispatch of July 27, he says, 
that " Generjal Lane and his stafFeveryv;here deny 
the authority of the territorial laws, and counsel 
a total disregard of these enactments." Without 
making further quotations of a similar character 
from other dispatches of Governor Walker, it ap- 
pears, by a reference to Mr. Stanton's communi- 
cation to General Cass, of the 9th December last, 
that the " important step of calling the Legislature 
together was taken after I [he] had become satis- 
fied that the election ordered by the convention on 
the 21st instant, could not be conducted without 
collision and bloodshed. " So intense was the dis- 
loyal feeling among the enemies of the govern- 
ment established by Congress, that an election, 
which afforded them an opportunity, if in the ma- 
jority, of making Kansas a free State, according 
to their own professed desire, could not be con- 
ducted without collision and bloodshed! The 
truth is, that up till the present moment, the ene- 
mies of the existing government still adhere to 
their Topeka revolutionary constitution and gov- 
ernment. 

Thevery first paragraph of the message of Gov- 
ernor Robinson, dated on the 7th December, to 
the Topeka Legislature, now assembled at Law- 
rence, contains an open defiance of the Constitu- 
tion and laws of the United States. The Governor 
says: " The convention which framed the con- 
stitution at Topeka, originated with the people of 
Kansas Territory. They have adopted and rati- 
fied the same twice by a direct vote, and also in- 



directly through two elections of State officers and 
members of the State Legislature. Yet it has 
pleased the Administration to regard the whole 
proceeding revolutionary." 

This Topeka government, adhered to with such 
treasonable pertinacity, is a government in direct 
opposition to the existing government prescribed 
and recognized by Congress. 

It is a usurpation of the same character as it 
would be for a portion of the people of any State 
of the Union to undertake to establish a separate 
government, within its limits, for the purpose of 
redressing any grievance, real or imaginary, of 
which they might complain, against the legitimate 
State government. 

Such a principle, if carried into execution, 
would destroy all lawful authority, and produce 
universal anarchy. 

From this statement of facts the reason becomes 
palpable why the enemies of the government, 
authorized by Congress, have refused to vote for 
delegates to the Kansas constitutional convention , 
and also, afterwards, on the question of slavery, 
submitted by it to the people. It is because they 
have ever refused to sanction or recognize any 
other constitution than that framed at Topeka. 
Had the whole Lecompton constitution been sub- 
mitted to the people, the adherents of this organ- 
ization would doubtless have voted against it, be- 
cause, if successful, they would thus have removed 
an obstacle out of the v/ay of their ov/n revolu- 
tionary constitution. They would have done this, 
not upon a consideration of the merits of the whole, 
or any part of the Lecompton constitution, but 
simply because they have ever resisted the author- 
ity of the Government authorized by Congress, 
from which it emanated. 

Such being the unfortunate condition of affairs 
in the Territory, what was the right, as well as 
the duty, of the law-abiding people.' Were they 
silently and patiently to submit to the Topeka 
usurpation, or adopt the necessary measures to 
establish a constitution under the authority of the 
organic law of Congress.' 

That this law recognized the right of the people 
of the Territory, without any enabling act from 
Congress, to form a State constitution, is too clear 
for argument. For Congress " to leave the people 
of the Territory perfectly free," in framing their 
constitution, " to form and regulate their domestic 
institutions in their ovw^n way, subject only to the 
Constitution of the United States," and then to 
say that they shall not be permitted to proceed 
and frame a constitution in their own way with- 
out an express authority from Congress, appears 
to be almost a contradiction in terms. It would 
be much more plausible to contend that Congress 
had no power to pass such an enabling act, than 
to argue that the people of a Territory might bo 
kept out of the Union for an indefinite period, and 
until it might please Congress to permit them to 
exercise the right of self-governmejit. This would 
be to adopt, not " their own way," but the way 
which Congress might prescribe. 

It is impossible that any people could have 
proceeded with more regularity in the formation 
of a constitution, than the people of Kansas have 
done. It was necessary first to ascertain whether 
it was the desire of the people to be relieved from 
their territorial dependence, and establish a Stale 
government. For this purpose the TeiH-itorial 



Legislature, in 1855, passed a law " for taking 
tlie sense of the people of this Territory upon the 
expediency of calling a convention to form a 
State constitution," at the general election to be 
held in October, 1856. The " sense of the peo- 
ple" was accordingly taken, and they decided in 
favor of a convention. It is true, that at this elec- 
tion the enemies of the territorial government did 
not vote, because tliey were then engaged at To- 
peka, without the slightest pretext of lawful au- 
thority, in framing a constitution of their own, 
for the purpose of subverting the territorial gov- 
ernment. 

In pursuance of this decision of the people in 
favor of a convention, the Territorial Legisla- 
ture, on the 27th day of February, 1S57, passed 
an act for the election of delegates, on the third 
Monday of June, 1857, to frame a State consti- 
tution. This law is as fair in its provisions as 
any that ever passed a legislative body for a sim- 
ilar pui-pose. The right of suffrage at this elec- 
tion is clearly and justly defined. "Every bona 
Jtrfe inhabitant of the Territory of Kansas "on the 
third Monday of June, the day of the election, 
■who was a citizen of the United States, above the 
age of twenty-one, and had resided therein for 
three months previous to that date, was entitled 
to vote. In order to avoid all interference from 
neighboring States or Territories with the free- 
dom and fairness of the election, provision was 
made for the registry of the qualified voters; and 
in ])ursuance thereof, nine thousand two hundred 
and fifty-one voters were registered. Governor 
Walker did his whole duty in urging all the quali- 
fied citizens of Kansas to vote at this election. In 
liis inaugural address on the 27th of May last, he 
informed them that " under our practice the pre- 
liminary act of framing a State constitution is uni- 
formly performed through the instrumentality of 
a convention of delegates chosen by the people 
themselves. That convention is now about to be 
elected by you, under the call of the Territorial 
Legislature, created and still recognized by the 
authority of Congress, and clothed by it, in the 
comprehensive language of the organic law, v^ith 
full power to make .such an enactioent. The Ter- 
ritorial Legislature, then, in assembling this con- 
vention, were fully sustained by the act of Con- 
gress; and the authority of the convention is dis- 
tinctly recognized in my instructions from the 
President of the United States." 

The Governor, also, clearly and distinctly warns 
them what would be the consequences if they 
should not participate in the election. " The peo- 
ple of Kansas, then, (he says,) are invited by the 
liighest authority known to the Constitution to 
participate freely and fiiirlyin the election of del- 
egates to frame a constitution and State govern- 
ment. The law has performed its entire appro- 
priate function when it extends to the people the 
right of suffrage; but it cannot compel the per- 
formance of that duly. Throughout our whole 
Union, however, and wherever free government 
prevails, those who abstain from the exercise of 
the right of suffrage, authorize those who do vote 
to act for them in that contingency; and the ab- 
sentees are as much bound, under the lawand con- 
stitution, where there is no fraud or violence, by 
the act of the majority of those who do vote, as 
if all had participated in the election. Otherwise, 
as voting must be voluntary, self-government 



would be impracticable, and monarchy or despot- 
ism would remain as the only alternative." 

It may, also, be observed, that at this period 
any hope, if such had existed, that the Topeka 
constitution would ever be recognized by Con- 
gress, must have been abandoned. Congress had 
adjourned on the 3d of March previous, having 
recognized the legal existence of the Territorial 
Legislature in a variety of forms, which I need 
not enumerate. Indeed, the Delegate elected to 
the House of Representatives, under a territorial 
law, had been admitted to his seat, and had just 
completed his term of service on the day previous 
to my inauguration. 

This was the propitious moment for settling all 
difficulties in Kansas. This was the time for 
abandoning the revolutionary Topeka organiza- 
tion, and for the enemies of the existing govern- 
ment to conform to the laws, and to unite with its 
friends in framing a State constitution. But this 
they refused to do; and the consequences of their 
refusal to submit to lawful authority and vote at 
the election of delegates may yet prove to be of a 
most deplorable character. Would that the respect 
for the laws of the land which so eminently dis- 
tinguished the men of the past generation could 
be revived ! It is a disregard and violation of law 
which have for years kept tlie Territory of Kansas 
in a state of almost open rebellion against its gov- 
ernment. It is the same spirit which has produced 
actual rebellion in Utah. Should a general spirit 
against its enforcement prevail, this will prove 
fatal to us as a nation. We acknowledge no master 
but the law; and should we cut loose from its re- 
straints, and every one do what seemeth good in 
his own eyes, our case will indeed be hopeless. 

The enemies of the territorial government de- 
termined still to resist the authority of Congress. 
They refused to vote for delegates to the conven- 
tion; not because, from circumstances which I 
need not detail, there was an omission to register 
the comparatively few voters who were inhab- 
itants of certain counties of Kansas in the early 
spring of 1857; but because they had predeterm- 
ined, at all hazards, to adhere to their revolutionary 
organization, and defeat the establishment of any 
other constitution than thatwhich they had framed 
at Topeka. The election was, therefore, suffered 
to pass by default; but of this result the qualified 
electors, who refused to vote, can never justly 
complain. 

From this review it is manifest that the Le- 
compton convention, according to every principle 
of constitutional law, was legally constituted, and 
was invested with power to frame a constitution. 

The sacred principle of popular sovereignty hfis 
been invoked in favor of the enemies of law and 
order in Kansas, feut in what manner is popular 
sovereignty to be exercised in this country, if not 
through the instrumentality of established law.' 
In certain small republics of ancient times, the 
people did assemble in primary meetings, passed 
Iaws,'and directed public affair?. In our country 
this is manifestly impossible. Popular sover- 
eignty can be exercised here only through the 
ballot-box; and if the people will refuse to exer- 
cise it in this manner, as they have done in Kan- 
sas at the election of delegates, it is not for them 
to complain that their rights have been violated. 

The Kansas convention, thus lawfully consti- 
tuted, proceeded to frame a constitution; and 



6 



having completed their work, finally adjourned 
on the 7th day of November last. They did not 
think proper to submit the whole of this consti- 
tution to a popular vote; but they did submit the 
question whether Kansas should be a free or a 
slave State to the people. This was the question 
which had convulsed the Union and shaken it to 
its very center. This was the question which 
had lighted up the flames of civil war in Kansas, 
and had produced dangerous sectional parties 
throughout the Confederacy. It was of a char- 
acter so paramount in respect to the condition of 
Kansas, as to rivet the anxious attention of the 
people of the whole country upon it, and it alone. 
No person thought of any other question. For 
my own part, when I instructed Governor Walker 
in general terms in favor of submitting the consti- 
tution to the people, I had no object in view ex- 
cept the all-absorbing question of slavery. In 
what manner the people of Kansas might regulate 
their other concerns, was not a subject which at- 
tracted any attention. In fact, the general pro- 
visions of our recent State constitutions, after an 
experience of eighty years, are so similar and so 
excellent, that it would be difficult to go far wrong 
at the present day in framing a new constitution. 
I then believed, and still believe, that under the 
organic act the Kansas convention were bound 
to submit this all-important question of slavery to 
the people. It was never, however, my opinioa 
that, independently of this act, they would have 
been bound to submit any portion of the constitu- 
tion to a popular vote in order to give it validity. 
Had I entertained such an opinion, this would 
have been in opposition to many precedents in 
our history, commencing in the very best age of 
the Republic. It would have been in opposition 
to the principle which pervades our institutions, 
and wl^ich is every day carried out into practice, 
that the people have the right to delegate to repre- 
sentatives, cliosen by themselves, their sovereign 
power to frame constitutions, enact laws, and per- 
form many other important acts, without requiring 
that these should be subjected to their subsequent 
approbation. It would be a most inconvenient lim- 
itation of their own power imposed by the people 
upon themselves, to exclude them from exercising 
their sovereignty in any lawful manner they think 
proper. It is true that the people of Kansas 
might, if they had pleased, have required the con- 
vention to submit the constitution to a popular 
vote; but this they have not done. The only rem- 
edy, therefore, in this case, is that which exists 
in all other similar cases. If the delegates who 
framed the Kansas constitution have in any man- 
ner violated the will of their constituents, the 
people always possess the power to change their 
constitution or their laws according to their own 
pleasure. 

The question of slavery was submitted to an 
election of the people of Kansas, on the 21st De- 
cember last, in obedience to the mandate of the 
constitution. P^re again a fair opportunity was 
presented to the adherents of the Topeka consti- 
tution, if they were the majority, to decide this 
exciting question " in their own way," and thus 
restore peace to the distracted Territory; but they 
again refused to exercise their right of popular 
sovereignly, and again suffered the election to 
pass by default. 

I heartily rejoice that a wiser and better spirit 



prevailed among a large majority of these people 
on the first Monday of January; and that they 
did, on that day, vote under the Lecompton con- 
stitution for a Governor and other State officers, 
a member of Congress, and for members of the 
Legislature. This election was warmly contested 
by the parties, and a larger vote was polled than 
at any previous election in the Territory. We 
may now reasonably hope that the revolutionary 
Topeka organization will be speedily and finally 
abandoned; and this will go far towards the final 
settlement of the unhappy diflerences in Kansas. 
If frauds have been committed at this election, 
either by one or both parties, the Legislature and 
the people of Kansas, under their constitution, 
will know how to redress themselves, and punish 
these detestable, but too common crimes, without 
any outside interference. 

The people of Kansas have, then , " in their own 
way," and in strict accordance with the organic 
act, framed a constitution and State government; 
have submitted the all-important question of sla- 
very to the people, and have elected a Governor, 
a member to represent them in Congress, mem- 
bers of the State Legislature, and other State offi- 
cers. They now ask admission into the Union 
under this constitution, which is republican in its 
form. It is for Congress to decide whether they 
will admit or reject the State which has thus been 
created. For my own part, I am decidedly in fa- 
vor of its admission, and thus terminating the 
Kansas question. This will carry out the great 
principlcof non-interventionrecognized and sanc- 
tioned by the organic act, wiiich declares, in ex- 
press language, in favor of " non-intervention by 
Congress with slavery in the Slates or Territo- 
ries," leaving " the people thereof perfectly free 
to form and regulate their domestic institutions in 
their own way, subject only to the Constitution 
of the United States." In this manner, by local- 
izing the question of slavery, and confining it to 
the people whom it immediately concerned, every 
patriot anxiously expected that this question 
would be banished from the Halls of Congress, 
where it has always exerted a baleful influence 
throughout the whole country. 

It is proper that I should briefly refer to the 
election held, under an act of the Territorial Le- 
gislature, on the first Monday of January last, on 
the Lecompton constitution. This election v/as 
held after the Territory had been prepared for ad- 
mission into the Union as a sovereign State, and 
when no authority existed in the Territorial Le- 
gislature which could possibly destroy its exist- 
ence, orchange its character. The election, which 
was peaceably conducted, under my instructions, 
involved a strange inconsistency. A large major- 
ity of the persons who voted against the Lecomp- 
ton constitution were, at the very same time and 
place, recognizing its valid existence in the most 
solemn and authentic manner, by voting under its 
provisions. I have yet received no official inform- 
ation of the result of this election. 

As a question of expediency, after the right has 
been maintained, it may be wise to reflect upon 
the benefits to Kansas and to the whole country 
which would result from its immediate admission 
into the Union, as well as the disasters which may 
follow its rejection. Domestic peace will be the 
happy consequence of its admission: and that fine 
Territory, which has hitherto been torn by dis- 



sensions, will rapidly increase in population and 
wealth, and speedily realize the blessings and the 
comforts which follow in the train of agricultural 
and mechanical industry. The people will then 
be sovereign, and can regulate their own affairs in 
their own way. If a majority of them desire to 
abolish domestic slavery within the State, there is 
no other possible mode by which this can be effect- 
ed so speedily as by prompt admission. Tiie will 
of the majority is supreme and irresistible when 
expressed in an orderly and lawful manner. They 
can make and unmake constitutions at pleasure. 
It would be absurd to say that they can impose 
fetters upon their own power which they cannot 
afterwards remove. If they could do this they 
might tie their own hands for a hundred as well 
as for ten years. These are fundamental princi- 
ples of American freedom, and are recognized, I 
believe, in some form or other by every State con- 
stitution: and if Congress, in the act of admission, 
should think proper to recognize them, I can per- 
ceive no objection to such a course. This has been 
done emphatically in the constitution of Kansas. 
It declares in the bill of rights that " all political 
power is inherent in the people, and all free gov- 
ernments are founded on their authority, and in- 
stituted for their benefit, and therefore they have 
at all times an inalienable and indefeasible right 
to alter, reform, or abolish their form of govern- 
ment in such manneras they may think proper." 
The great State of New York is at this moment 
governed under a constitution framed and estab- 
lished in direct opposition to the mode prescribed 
by the previous constitution. If, therefore, the 
provision changing the Kansas constitution after 
the year 1864, could by possibility be construed 
into a prohibition to make a change previous to 
'hat period, this prohibition would be wholly un- 
availing. The Legislature already elected may, 
at its very first session, submit the question to a 
vote of the people whether they wilt or will not 
have a convention to amend their constitution and 
adopt all necessary means for giving eft'ect to the 
popular will. 

It has been solemnly adjudged, by the highest 
judicial tribunal known to our laws, that slavery 
exists in Kansas by virtue of the Constitution of 
the United States. Kansas is therefore, at this 
moment, as much a slave State as Georgia or 
Soyth Carolina. Without this, the equality of 
the sovereign States composing the Union would 
be violated, and the use and enjoyment of a Ter- 
ritory acquired by the common treasure of all the 
States, would be closed against the people and the 
property of nearly lialf the members of the Con- 
federacy. Slavery can, therefore, never be pro- 
hibited in Kansas, except by means of a consti- 
tutional provision, and in no other manner can 
this be obtained so promptly, if a majoritj^of the 
people desire it, as by admitting it into the Union 
under its present constitution. 

On the other hand, should Congress reject the 
constitution, under the idea of affording the dis- 
affected in Kansas a third opportunity of prohib- 
iting slavery in the State, which they might have 
done twice before if in the majority, no man can 
foretell the consequences. If Congress, for the 
sake of these men who refused to vote for dele- 
gates to the convention, when they might have 
excluded slavery from the constitution, and who 
afterwards refused to vote on the 21st December 



last, when they might, as they claim, have stricken 
slavery from the constitution, should now reject 
the State, because slavery remains in the consti- 
tution, it is manifest that the agitation upon this 
dangerous subject will be renewed in a more alarm- 
ing form than it has ever yet assumed. 

Every patriot in the country had indulged the 
hope that the Kansas and Nebraska act would 
put a final end to the slavery agitation, at least in 
Congress, which had for more than twenty years 
convulsed the country and endangered the Union. 
This act involved great and fundamental princi- 
ples, and, if fairly carried into effect, will settle 
the question. Should the agitation be again re- 
vived — should the people of the sister Slates be 
again estranged from each other with more than 
their former bitterness — this will arise from a 
cause, so far as the interests of Kansas are con- 
'[ cerned, more trifling and insignificant than has 
I ever stirred the elements of a great people into 
ji commotion. To the people of Kansas the only 
jl practical difference between admission or rejec- 
]\ tion depends simply upon the fact, whether they 
j can themselves^more speedily change the present 
I constitution, if it does not accord with the will of 
j! the majority, or frame asecond constitution to be 
j submitted to Congress hereaftev. Even if this 
I were a question of mere expediency, and not of 
il right, the small difference of time, one way or the 
([ other, is of not the least importance, when con- 
jj trasted with the evils which must necessarily re- 
I suit to the whole country from a revival of the 
I slavery agitation. 

j In considering this question, it should never be 
j forgotten that — in proportion to its insignificance, 
lot the decision be what it may, so far as it may 
affect the few thousand inhabitants of KiJisas who 
have, from the beginning, resisted the constitu- 
tion and the laws — for this very reason the rejec- 
tion of the constitution will be so much the more 
keenly felt by the people of fourteen of the Slates 
of this Union where slavery is recognized under 
the Constitution of the United States. 

Again, the speedy admission of Kansas into the 
Union would restore peace and quiet to the whole 
country. Already the affairs of this Territory 
liave engrossed an undue proportion of public at- 
tention. They have sadly affected the friendly 
relations of the people of the States with each 
other, and alarmed the fears of patriots for the 
safety of the Union. Kansas once admitted into 
the Union, the excitement becomes localized, and 
will soon die away for want of outside aliment. 
Then every difficulty will be settled at the ballot- 
box. 

Besides, and this is no trifling consideration, 
I shall then be enabled to withdraw the troops of 
the United States from Kansas, and employ them 
j on branches of service where they are much 
needed. They have been kept there on the earn- 
est importunity of Governor Walker, to main- 
! tain the existence of the territorial government, 
and secure the execution of the laws. He con- 
sidered that at least two thousand regular troops, 
i under the command of General Harney, were ne- 
j cessary for this purpose. Acting upon his reli- 
I able information, I have been obliged, in some 
degree, to interfere with the expedition to Utah, 
in order to keep down rebellion in Kansas. This 
has involved a very heavy expense to the Gov- 
ernmeat. Kansas once admitted, it ia believed 



8 



there will no longer be any occasion there for 
troops of the United States. 

I have thus performed my duty on this import- 
ant question, under a deep sense of my respons- 
ibility to God and my country. My public life 
will terminate within a brief period; and I have 
no other object of earthly ambition than to leave 
my country in a peaceful and prosperous condi- 
tion, and to live in the affections and respect of 
my countrymen. The dark and ominous clouds 



which now appear to be impending over the Union, 
I conscientiously believe may be dissipated with 
honor to every portion of it, by the admission of 
Kansas during the present session of Congress; 
whereas, if she should be rejected, I greatly fear 
these clouds will become darker and more omin- 
ous than any which have ever yet threatened the 
Constitution and the Union. 

JAMES BUCHANAN. 
Washington, February 2, 1858. 



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